Acceptable Use Policy:
From time to time EsoSoft Corporation may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies (AUPs) and are posted on the Internet at http://www.esosoft.com/legal/aup.html. The AUPs are not exhaustive and EsoSoft reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to the EsoSoft web site or notification of the modified AUPs. By registering for and using EsoSoft services, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as EsoSoft deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible or a disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM ESOSOFT. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS ESOSOFT'S POLICY TO TERMINATE REPEAT INFRINGERS. ESOSOFT RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

Customer Responsibilities with regard to Security:
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $200 USD per hour.

System and Network Security:
Violations of system or network security are prohibited, and may result in criminal and civil liability. EsoSoft may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

  • Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

  • Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.

  • Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by EsoSoft. Such labor is categorized as emergency security breach recovery and is currently charged at $200 USD per hour.

EsoSoft is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, EsoSoft urges its customers to assume that all of their online communications are insecure. EsoSoft cannot take responsibility for the security of information transmitted over EsoSoft's facilities.

Password Protection:
The customer is responsible for protecting customer's password and for any authorized or unauthorized use made of customer's password. The customer will not use or permit anyone to use EsoSoft's service to guess passwords or to access other systems or networks without authorization. EsoSoft will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Internet Etiquette:
The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which EsoSoft may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or is likely to result in retaliation against EsoSoft by offended users. EsoSoft reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Copyright Infringement Software Piracy Policy:
The EsoSoft network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail.
EsoSoft will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Network Responsibility:
Customers have a responsibility to use the EsoSoft network responsibly. This includes respecting the other customers of EsoSoft. EsoSoft reserves the right to suspend and or cancel service with any Customer who uses the EsoSoft network in such a way that adversely affects other EsoSoft customers. This includes, but is not limited to:

  • Attacking or attempting to gain unauthorized access to servers and services that belong to EsoSoft or its customers (i.e. computer hacking), and/or

  • Participating in behavior that results in reprisals that adversely affect the EsoSoft network or other customers' access to the EsoSoft network.

EsoSoft will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by an EsoSoft customer, whether or not the attacked account or computer belongs to EsoSoft, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server or customer of EsoSoft is strictly prohibited.

Lawful Purpose:
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content.

Using any EsoSoft service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.

Any conduct that constitutes harassment, fraud, stalking, abuse or a violation of federal export restriction in connection with use of EsoSoft services or products is prohibited. Using the EsoSoft network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within the EsoSoft network are open to the public. You are solely responsible for your usage of the EsoSoft network and servers and any statement you make on servers hosted within the EsoSoft network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

Child Pornography on the Internet:
EsoSoft will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. EsoSoft customers are ultimately responsible for the actions of their own clients/customers/users over the EsoSoft network, and will be liable for illegal material posted by their clients/customers/users.

Unsolicited Commercial E-mail:
EsoSoft takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply, this means that customers of EsoSoft may not use or permit others to use our network to transact in UCE. Customers of EsoSoft may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via electronic mail (e-mail) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. E-mail is a person-to-person medium, not a broadcast medium.

Customers of EsoSoft are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their own clients/customers/users over the EsoSoft network, it is advisable that Customers develop a similar policy for their clients/customers/users.

Violation of EsoSoft's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, EsoSoft will initiate an immediate investigation (within 48 hours of notification). During the investigation, EsoSoft may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, EsoSoft may, at its sole discretion, restrict, suspend or terminate customer's account. Further, EsoSoft reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. EsoSoft will notify law enforcement officials if the violation is believed to be a criminal offense.

Violation of EsoSoft's SPAM policy may be reported to abuse@esosoft.com.

IP Address Overlap:
EsoSoft administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by EsoSoft staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.

IRC:
EsoSoft allows the use of IRC inside the EsoSoft network as long as the use of IRC on an EsoSoft server does not violate any of the other terms of this AUP. As a policy, EsoSoft will not provide vanity IRC reverse DNS records. To enforce this policy EsoSoft does not turn the reverse address of IPs over to the customer. Authority over this information remains with EsoSoft.

Billing:
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

Suspension:
EsoSoft reserves the right to suspend network access to any customer if, in the judgment of the EsoSoft network administrators, the customer's server is the source or target of the violation of any of the other terms of the AUPs or for any other reason which EsoSoft chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

Cancellation:
EsoSoft reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation will be prorated and paid by EsoSoft if EsoSoft institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).

Indemnification:
EsoSoft wishes to emphasize that by indicating agreement to our Acceptable Use Policy or its equivalent, customer indemnifies EsoSoft for any violation of the AUP, its equivalent or law that results in loss to EsoSoft or the bringing of any claim against EsoSoft by any third-party. This means that if EsoSoft is sued because of a customer's activity or the activity of a client/customer/user of the EsoSoft customer, the EsoSoft customer will pay any damages awarded against EsoSoft, plus costs and reasonable attorney's fees.

Disclaimer of Responsibility:
EsoSoft is under no duty to look at each customer's or user's activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. EsoSoft disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.

All Sub-Networks, resellers and managed servers of EsoSoft must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.